2 total
Reconsideration dismissed; failure to submit mandatory disability certificate precluded jurisdiction over non-earner benefit claim.
The applicant requested reconsideration of a Tribunal decision that found it lacked jurisdiction to determine entitlement to a non-earner benefit because the applicant had not submitted a completed disability certificate (OCF-3).
The applicant argued that the respondent's delay in providing the application forms constituted a reasonable explanation for the delay, and that requiring the form years later was futile.
The Tribunal dismissed the reconsideration request, finding that while the delay explained the late filing, it did not excuse the ongoing failure to submit the mandatory OCF-3 once the forms were received.
As there was no completed application or denial, the Tribunal correctly concluded it had no jurisdiction under s. 280 of the Insurance Act.
Application for accident benefits dismissed; Tribunal lacked jurisdiction over non-earner benefits absent a denial.
The applicant sought non-earner benefits, reimbursement for clothing and prescription expenses, an award, and costs following a motor vehicle accident.
The Tribunal found it lacked jurisdiction to determine the non-earner benefit claim because the applicant had never submitted a disability certificate (OCF-3) and the insurer had never issued a denial.
The claims for clothing and prescription expenses were dismissed due to a lack of evidence demonstrating that the items were damaged in the accident or that the prescriptions were reasonable and necessary.
The requests for an award and costs were also dismissed.
